The purpose of the Environmental Protection
Overlay Districts established in this article is to assist the Town
in meeting its obligations to comply with the provisions of the State
Environmental Quality Review (SEQR) regulations and to ensure that
adequate consideration is given to potential development impacts in
sensitive environmental areas within the Town of Parma. The Town's
Comprehensive Plan identifies the use of overlay districts as a technique
to protect and preserve unique environmental features based upon the
following reasons:

The regulations contained in each EPOD are not
intended to be substituted for primary zoning district provisions,
but are superimposed over such provisions, and should be considered
as additional requirements to be met prior to project approval. These
additional requirements shall be based on sound management practices
and must be reasonably related to the protection of the natural resource
in question. The purpose of the overlay districts is to provide the
Town with an additional level of review and regulation that controls
how land development permitted by the Town's primary zoning districts
should occur in or near sensitive or unique environmental areas.

The locations and boundaries of EPOD's (1) through
(6) are delineated on maps on file in the Town Building Department.
Collectively these maps are known as the "Town of Parma EPOD Maps"
and include the Environmental Atlas maps of the Town prepared by the
Monroe County Environmental Management Council (EMC). The Town of
Parma EPOD Maps shall be used only for reference purposes. An on-site
visit shall be made to determine specific or exact boundaries of the
various overlay districts. Additional investigations and/or other
environmental analyses may be required in order to determine whether
a specific parcel of land is included within one or more of the overlay
districts and to locate the boundary on the property. Temporary flagging
of boundaries in the field may be required during the review of applications,
and permanent staking may be required as a condition of permit approval.

The Code Enforcement Officer (CEO) shall be responsible
for interpreting environmental protection overlay district boundaries
based on an interpretation of the Town of Parma EPOD Maps, as well
as the use of other criteria set forth in this article for determining
such district boundaries. The CEO may request the assistance of the
Town Engineer, the developer's engineer, Town Conservation Board or
other appropriate department or agency in making such a determination.

General applicability. An EPOD development authorization
shall be required subject to the provisions of this section and prior
to the commencement of any regulated activity or the issuance of any
building permit for regulated development in a designated EPOD district.

Installing a dock, pier, wharf or other structures
built on floats or open-work supports, and having a top surface area
of less than 200 square feet, when authorized by the Department of
Environmental Conservation (DEC).

Approvals required. Development within EPOD's may
be authorized by the Planning Board concurrently with approvals for
development for which the Board has jurisdiction. Approvals for other
regulated activities shall be obtained from the CEO.

For preliminary stage drawings, the applicant
shall also show a more precise location of the boundary, as observed
on the property. A note shall be provided indicating the person making
the observation, and the date.

Engineering plans, construction notes and development
restrictions detailing methods to be used to protect EPOD areas and/or
to mitigate EPOD impacts shall be provided on or with preliminary
and final stage submittals.

The application may be referred to other appropriate
boards and agencies for their review and recommendations. Such boards
or agencies shall have 30 days from the date of receipt of a completed
application in which to report their recommendations. For projects
to be reviewed by the Planning Board, the timeline for review shall
be consistent with other project review timelines prescribed elsewhere
in Town Law. Failure for a board or agency to respond within these
timeframes shall not be cause to postpone consideration of the application.

Public notification of and public hearings for an
application to conduct a regulated activity within an EPOD shall only
be required when associated with an activity otherwise requiring public
notification or hearing.

Wherever possible, public hearings for EPOD authorization
shall be scheduled simultaneously with public hearings required under
site plan review, subdivision review or any actions required to comply
with the State Environmental Quality Review Act for the proposed action.

For activities and impacts for which compatibility
with the above cannot be demonstrated, the applicant may submit a
mitigation plan, which demonstrates that the proposed activity satisfies
a social or economic need which clearly and substantially outweighs
the net loss or detriment to the benefit(s) and/or function(s) provided
by the environmentally sensitive area. The net loss is to be evaluated
with the inclusion of any mitigation measures which may be proposed
to replace lost benefits and/or enhance remaining benefits.

The applicant shall have the burden of demonstrating
this weighing of benefits and losses to the satisfaction of the Town.
At a minimum, the following information should be prepared by the
applicant and submitted to the Town:

The identification of the existing values, functions
and benefits provided by the environmentally sensitive area relative
to its hydrologic functioning, wildlife habitats and aesthetic/recreational
use.

Details of any proposed mitigation measures
should be provided along with an evaluation of the extent to which
these measures will replace the benefit, value or function and/or
enhance those remaining.

Any authorization issued in accordance with the provisions
of this article may be issued with conditions. Such conditions may
be attached, as are deemed necessary, to ensure the preservation and
protection of environmentally sensitive areas and to ensure compliance
with the purpose and intent and the specific provisions of this article.
Every permit issued pursuant to this article shall contain the following
conditions:

For projects requiring site plan or subdivision approval,
the EPOD shall be shown on the final site map or plat, along with
a statement that any future activity in the EPOD shall require Town
authorization.

For the purpose of implementing this section, the
Planning Board may require engineering, design and construction plans
to alleviate or mitigate adverse impacts that may be created by the
proposed development.

In considering the number of lots permissible under
§ 278 of Town Law, lands within the floodplain and wetland
overlay districts shall not be counted in the calculation of land
available for development.

Restrictive covenants on EPOD lands and other
lands designated by the Planning Board to enhance the open space qualities
of the development to minimize land disturbance and to maintain natural
open space values.

The use of § 278 in conjunction with these
regulations shall not be permitted where, in the opinion of the Planning
Board, upon advice of the Conservation Board, the concentration of
individual sewage disposal systems may impair ground or surface waters,
or unnecessarily disturb woodlots.

The Planning Board may reduce front yard setbacks
on two-acre or larger lots where construction of the access driveways
would unnecessarily disturb the landscape, and providing that other
design guidelines of individual EPOD Districts can be met.

Following approval of an application, and prior to
the issuance of any building or other permit, the applicant shall
furnish the Town with an irrevocable letter of credit or certified
check in an amount determined by the Town Board to be sufficient to
cover the costs of compliance, contingencies and inspection of the
various specifications and conditions of the EPOD development authorization.
The purpose of the letter of credit or certified check shall be to
ensure that all items, activities or structures specified in the plans
approved by the CEO or the Planning Board are constructed or carried
out in accordance with such plans and specifications and other appropriate
requirements of the Town of Parma.

Suspension or revocation of permits. The CEO may suspend
an authorization (temporarily) until such time as the board having
jurisdiction reviews the suspension. The board having jurisdiction,
upon recommendation of the CEO, and after providing the permittee
five days' written notice, may suspend or revoke an approval issued
in accordance with the provisions of this article where it has found
evidence that the applicant has not complied with any or all terms
or conditions of such approval, has exceeded the authority granted
in the approval or has failed to undertake the project in the manner
set forth. The CEO shall notify the applicant of the findings and
reasons for revoking or suspending an authorization issued pursuant
to this article, in writing, and shall forward a copy of said findings
to the applicant.

Failure to obtain an EPOD permit shall be considered
a zoning violation and be subject to penalties as specified elsewhere
in this chapter. Additionally, the violator may be required to restore
the resource to its original condition.

Purpose and intent. Wetlands provide hydrologic benefits
such as flood and storm water control, and water quality protection.
They also provide unique wildlife habitat for waterfowl, amphibians,
fish, mammals and birds. Finally, wetland areas are used extensively
for education, research, recreation and open space. The purpose of
these regulations is to maintain these values consistent with sound
planning principles and the objectives of the Town Comprehensive Plan.

EPOD boundary determination. Development proposed
within freshwater wetlands is regulated by the New York State Department
of Environmental Conservation for wetlands which are 12.4 acres or
larger, and/or by the United States Army Corps of Engineers for any
federally regulated wetlands. It is the obligation of each applicant
to determine if the project contains any state-designated wetland.
It a project contains a state-designated wetland, staff from the Department
of Environmental Conservation must stake the wetland and buffer areas,
as well as issue a permit for any development impacting these areas.
If a project contains a federally designated wetland, a similar process
must be followed, and a permit must be issued by the Buffalo office
of the United States Army Corps of Engineers.

Wetlands designated by New York State as Class I are
the most valuable wetlands. Class I wetlands shall have a buffer zone
as described by state requirements. Actions within said buffer zone
shall be regulated by the provisions of Title 6 NYCRR Part 663. The
Class I buffer zones include PM-1, PM-2 and GR-1.[1]

Small wetlands are as important as large wetlands
in providing multiple, unique benefits for our environment. Wetlands
provide hydrologic benefits such as flood and storm water control,
and water quality protection. They also provide unique wildlife habitat
for waterfowl, amphibians, fish, mammals and birds. Finally, wetland
areas are used extensively for education, research, recreation and
open space.

The management measures detailed below are intended
to preserve and protect the functions and benefits of the wetland
areas of the Town of Parma that are regulated by the United States
Army Corps of Engineers. The measures apply to wetland areas which
are between 12.4 and 1.0 acres in size. These smaller wetlands are
expected to provide the same benefits and functions as the larger
wetland areas currently protected by the New York State permit program
and, hence, are worthy of protection.

Identification and mapping of all wetland areas of
the Town of Parma is not feasible. Instead, an initial screening of
the potential for the presence of wetlands on a site shall be made
at the time of application. A detailed site survey for wetlands shall
be made if the potential is present for the disturbance of any wetland
area.

If the presence of a wetland is confirmed and there
is a potential for disturbance, a specific weighing of the benefits
of the proposed project versus loss of wetland function and benefit
shall be made to determine if the activity should be modified or denied.
This process shall also be undertaken if the site incorporates any
part of a larger wetland.

The potential for the presence of wetland vegetation
and/or wildlife habitat has been evaluated for the soils of Monroe
County. This evaluation is based upon mapping and interpretation of
Monroe County soils by the United States Department of Agriculture,
Soil Conservation Service. Soil units with a high potential to support
wetland plants and/or wildlife are generally characterized as having
seasonal high groundwater levels within 0.0 to 1.0 feet of the surface
and/or as having a frequent flooding frequency. The list of soils
having these characteristics shall be maintained by the CEO, and shall
be made available to all applicants.

If any of the above soil units are present in an area
which may be disturbed, then a vegetative survey shall be completed
and certified by a qualified wetlands specialist [as defined in 6
NYCRR Part 665.5(a)(2)] to determine the presence and extent, if any,
of wetlands on the site. The definition of wetlands shall be consistent
with Article 24 of the New York State Environmental Conservation Law
[§ 24-0107(1)], as amended, and/or by the Corps of Engineers
in their current regulatory guidance.

If 1.0 or more contiguous acres of such wetland are
found to be present, the location and extent of the wetland areas
shall be shown on the proposed site plan with an appropriate buffer
zone that may be adjusted according to the size and potential significance
of the wetland.

The location of wetlands, potential wetlands and proposed
buffer areas shall be depicted on all site plans and suitable for
concept stage submittals to the Planning Board and the CEO. Preliminary
and final stage applications shall delineate actual boundaries as
located in the field and accepted by the responsible agencies.

If it is determined that the project contains a federally
designated wetland, the applicant shall obtain all required wetland
permits from the Buffalo office of the United State Army Corps of
Engineers.

Purpose and intent. Floods are natural phenomena which
increase in frequency and magnitude due to development. In natural
systems, they clear debris from stream channels and replenish topsoil
and nutrients to floodplain areas. However, when development encroaches
upon floodplains, floods carry off pollutants from lawns, impervious
surfaces and on-site sewage disposal systems and may pollute wells,
and damage property. It is the intent of this EPOD to provide notice
of flooding potential and to direct applicants to the proper section
of the Town Law which governs development in areas with potential
for flooding and to expand the review of such applications.

Delineation of district boundaries. Areas subject
to flooding are delineated on the county's Environmental Atlas maps.
The locations and elevations of floodplains and floodways are identified
on maps prepared by FEMA. These maps are on file in the Building Department.

Activities regulated. It is not the intent to add any additional regulatory control over development than is already provided in Town Law. Applicants are directed to Article X of this chapter for regulated activities, application procedures and standards. Separate EPOD development authorization shall not be required, unless the proposed action is also sited within EPOD (4).

Purpose and intent. The purpose of the Stream Corridor
Protection District is to provide special controls to guide land development
within the major waterway corridors in the Town of Parma. The district
encourages planning and development of land so as to protect and preserve
sensitive environmental areas, to prevent soil erosion, sedimentation
and slope failure due to removal of vegetation, dredging, filling,
damming or channelization; to prevent degradation or loss of scenic
views and the natural character of the area; and to prevent activities
which degrade water quality or fish and wildlife habitat.

Delineation of district boundaries. The boundaries
of the Stream Corridor Protection District shall be based on a map
with stream numbers prepared by the Conservation Board. The Stream
Corridor Protection District shall extend a distance of 50 horizontal
feet from the edge of each stream.

General regulations. Any applicant for a permit to
undertake a regulated activity within a Stream Corridor Protection
District shall be required to adequately demonstrate that the proposed
activity shall in no way, at present or at any time in the future,
adversely affect the following:

The proposed activity provides adequate measures
to prevent disruption and pollution of fish and wildlife habitats
and freshwater wetlands; change in water temperature due to removal
of shade vegetation; or nonpoint sources of pollution due to stormwater
runoff, septic systems or any other activity on the site.

Roads, trails and walking paths along water
bodies shall be sited and constructed so they are not a source of
runoff and sedimentation. Such roads, trails and walking paths shall
be constructed and sited in such a manner as to maximize the visual
opportunities of a water body while maintaining the environmental
features of the entire site.

No new dock, boat launching site or fishing
access and parking area shall be constructed unless it is shown that
it shall not impede the natural flow of the streams to which this
section applies and shall be located and constructed so as to minimize
its intrusion into the streams and avoid adverse environmental impact
and unreasonable impacts upon public use of the waters.

A vegetative buffer of 25 feet shall be retained from
each edge adjacent to the watercourses to absorb floodwaters, to trap
sediments, to protect adjacent fish and wildlife habitats and to protect
scenic qualities. Wherever possible, the buffer shall retain natural
vegetation.

Site preparation, including the stripping of vegetative
cover or grading, shall be undertaken so that the amount of time that
disturbed ground surfaces are exposed to the energy of rainfall and
runoff water is limited. Disturbed soils shall be stabilized and revegetated
within 14 days of disturbance. During the interim period, erosion
protection measures, including but not limited to vegetation, retention
ponds, recharge basins, berming, silt traps and mulching, shall be
used to ensure that sedimentation is minimized and mitigated.

New structures shall be designed and constructed in accordance with erosion control standards and stormwater control standards contained in the Best Management Practices for Storm Water Management Guidelines for New Development, as found in Chapter 6 of the New York State Department of Environmental Conservation's Stream Corridor Management Manual.

Purpose and intent. The purpose of the Woodlot Protection
District is to preserve and protect the aesthetic, wildlife habitat
and air quality benefits of woodlots located within the Town of Parma.
The controls and regulations of this district are designed to limit
the potential adverse impacts of development actions on woodlots by
managing development in these areas and by requiring review and permit
approval prior to the start of construction.

Delineation of district boundaries. The boundaries
of the Woodlot Protection District shall be delineated on the Town
of Parma EPOD Maps and shall include all areas in the Town of Parma
with five or more contiguous acres of woodlots. Active orchards are
not included in the district.

General regulations. Any applicant for a permit to
undertake a regulated activity within a Woodlot Protection District
shall be required to adequately demonstrate that the proposed activity
shall in no way, at present or at any time in the future, adversely
affect the following:

Specific standards. No permit to undertake a regulated
activity within the Woodlot Protection District shall be issued unless
it is determined that the proposed project complies with the following
standards:

A pre-, during- and post-protection plan for trees
to be saved or moved shall be prepared. For applications to be reviewed
by the Planning Board, this plan shall be prepared by a qualified
consulting forester, arborist or horticulturist.

For applications to be reviewed by the Planning Board,
an integrated site plan which includes the woodlot protection plan,
the landscape plan and any additional development on the site shall
be prepared by a qualified consulting forester, arborist or horticulturist.
The plan shall show all new or expanded structures, utilities, access
roads, grading or other activities which may adversely affect the
woodlot.

In planning development sites, applicants shall preserve
as much mature vegetation as possible. The use of clustering of buildings
to avoid mature wooded areas shall be encouraged wherever practical,
as well as the planting of replacement vegetation to mitigate the
unavoidable uses of woodlots.

Site preparation, including the stripping of vegetative
cover or grading, shall be undertaken so that the amount of time that
disturbed ground surfaces are exposed to the energy of rainfall and
runoff water is limited. Disturbed soils shall be stabilized and revegetated
within 14 days of disturbance. During the interim period, erosion
protection measures, including but not limited to vegetation, retention
ponds, recharge basins, berming, silt traps and mulching, shall be
used to ensure that sedimentation is minimized and mitigated.

Purpose and intent. New York State has determined
that development in and near areas subject to coastal erosion and
flooding may be hazardous to life and damaging to property. Legislation
has been enacted to regulate development in these areas. The New York
State Department of Environmental Conservation administers this program
under Article 34 of the Environmental Conservation Law. It is the
intent of this EPOD to provide notice of coastal erosion potential,
direct applicants to the proper review authorities, and coordinate
activities with other reviewing agencies. It is not the intent to
add any additional regulatory control or exercise any additional local
authority over activities within these areas.

Delineation of district boundaries. Areas subject
to coastal erosion, and surrounding areas where DEC maintains jurisdiction
over development activities, are identified on Official Coastal Erosion
Maps prepared by NYSDEC. These maps are on file in the Town Building
Department.

Activities regulated. As it is not the intent to add
any additional regulatory control over development, applicants are
directed to 6 NYCRR Part 505 which cites regulatory authority, jurisdiction
and procedures. Separate EPOD development authorization shall not
be required, unless the activity falls within other regulated EPOD
boundaries.